58
CAP. 221]
Criminal Procedure
[1988 Ed.
(5) In no case shall any sentence be increased by reason of or in consideration of any evidence which was not given at the trial.
(Added, 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 23]
Other matters depending on result of appeal
Effect of appeal on sentence
83W. (1) The time during which an appellant is in custody pending the determination of his appeal shall, subject to any direction which the Court of Appeal may give to the contrary, be reckoned as part of the term of any sentence to which he is for the time being subject.
(2) Where the Court of Appeal gives a contrary direction under subsection (1), it shall state its reasons for doing so; and it shall not give any such direction where---
(a) leave to appeal has been granted; or
(b) a certificate has been given by the judge of the court of trial under section 82; or
(c) the case has been referred to it by the Governor under section 83P.
(3) Where an appellant is admitted to bail under section 83R, the time during which he is at large after being so admitted shall be disregarded in computing the term of any sentence to which he is for the time being subject.
(4) The term of any sentence passed by the Court of Appeal under section 83A, 83B, 83C, 83I or 83K(4) shall, unless the Court of Appeal otherwise directs, begin to run from the time when it would have begun to run if passed in the proceedings from which the appeal lies.
(Added, 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 29]
Restitution of property on conviction
83X. (1) The operation of an order for the restitution of property to a person made on a conviction on indictment shall (unless the court of trial directs to the contrary in any case in which, in its opinion, the title to the property is not in dispute) be suspended-
(a) in any case until the expiration of 28 days from the date of conviction;
and
(b) where notice of appeal or of application for leave to appeal is given within 28 days from the date of conviction, until the determination of the appeal.
(2) In cases where the operation of such an order is suspended until the determination of the appeal, the order shall not take effect as to the property in question if the conviction is quashed on appeal.
(3) Provision may be made by rules and orders made under section 9 for securing the safe custody of any property, pending the suspension of the operation of any such order.